The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1887-10-07

brothers Benjamin and Aaron were orpban.
eu oi their father when they were too
young TO understand the nature of their be-
reavement, that they entered at an early
age upon their career Of railroadine. and
that the court should exercise in favor of
mercy the discretion with which thew are
entrusted by the law, to the end that the
prisoners may, upon their return to society
redeem their fallen reputation and fortune.
imposing sentence, the court said: We
have listened attentively to what has been
said In your behalf, to the appeal that has
been made to us to exercise clemency in
your case. Reference has been made to
your family, who will suffer. Unfortunate.
ly, punishments that are inflicted by crimi-
nal courts upon offenders too often fall
heavily upon the innocent, and 1t is always
an unpleasant duty for the court to impose
sentences which must necessarily produce
so much distress in families but we must
regard the interest Of society, of the pub.
lie we are here to enforce the laws 70 on.
force them firmly but with all the mercy
and cemency OF which the case admits.
The offenses Of which you are convicted
by your own plea of guilty constitute some.
thing more than the ordinary crime of a
single isolated larceny 1t appears that
Tor series OF years you have been engaged
In systematic larceny from your employ
ers you were holding prominent posi-
ton with this company you were in CON-
mand OF the train from which these goods
were stolen the men who were arraigned
with you, or implicated with you in this
| crisis, were your subordinates; we cannot
but look upon you as the chief offenders
we haye, however, taken into consdera-
ton your confession as affording some eyi-
dence of your contrltion and penitence,
and we allow it some weight in the dispo-
sition OF your case. There are before us
eight indictments to which you have enter
ed the plea OF guilty; we have already al
lowed six other indictments against you to
be dlscontinued-nolle prosequi to be en-
| tered upon them. AS the record stands
| upon your pleas, we have power to commit
you to the penitentiary for the period OF
| twenty-four year we state this, in order
that you may know, when sentence is pro-
nounced, the clemency that is exercised.
In the indictment No. 80, September
Sessions, 1887, against you and Aaron
| Nuss, to which you have entered the plea
OF guilty upon the first count, the sentence
OF the court is that you, Benjamin J. Nuss,
pay to the commonwealth a fine OF one
hundred dollars and the costs Of prosecu-
ton; that you restore the property stolen
| Qf not already resroredD or pay the value
thereof to the owner ; and that you under
go an Imprisonment, by separate or solitary
confinement at labor, in the penitentiar y
for the Eastern District of Pennsylvania,
for the term Of one year and six months,
to be computed from this date, October /,
| 1887.
(Then followed a like sentence in Nos. 13,
Al, SO time in each TO be reckoned from
the expiration Of the term In the preceding
entence, the last sentence closing with the
words "and stand committed until this SEN
tence is complied with."]
| We have now pronounced sentence up
| on four of the indictments to which you
| have entered the plea Of guilty four re-
main the aggregate imprisonment on
these sentences is period of six years; we
have determined to suspend sentence upon
the remaining indictments against you /;
upon these the future action of the court
will be largely influenced by your conduct
under your present sentences and by your
behavior and bearing towards your fellow
men after their expiration. 1t may be that
your conduct will be such as to induce us
to believe that sentence upon them should
never be pronounced. We have thus, ar
ter the most careful and conscientious con-
sideration of your offenses, exercised all
the clemency that we feel warranted in ex.
ercising in your case.
Aaron Nuss, in reply to the question
whether he had anything to say why SEN
tence sh hould not be pronounced upon him,
answered that he had not. The court said
to him You are implicated in these larce.
/
to which you have entered the plea of gull
| ty. We have considered from the evidence
before us your relation to these offenses
we are persuaded that you were not the
chief offender yet we cannot close oul
eyes to the fact that for period Of years
you were engaged in this systematic pilfer
| ing it shows that there was deliberation
and it calls for substantial punishment; We
have determined, however, to make youi
sentence at this time In some degree lighter
than the sentence imposed upon youl
brother, owing to our conviction as to the
situation and the circumstances, already
mentioned. He was then sentenced to {
fine of fifty dollars and an imprisonmep
iu the penitentiary for a year and fou
months on each of three indictments, Gar
aggregate Of hundred fifty dollars ant
four years. with the usual order for costs
and restoration sentence upon the othe
indictments was suspended.
Benjamin Fetterman and Wesley MCor
mick, by their answers to questions asked
them by the court, and by the statement o
their counsel, b. Frank Zarr, Esq, seemed
to have been presented with some small ar
ticles before they knew that the article
were stolen goods, and to have afterwards
when informed that they were stolen, re
tanned them and accepted others throug
fear not only of losing their places o.
Nuss's train, If they 'squealed, but also Q
other consequences. Their counsel aske
for them the substitution of Jail for pen
tentiary, which suggestion was opposed b.
w. II. Rhawn, Esq, of counsel for tn
commonwealth. Imposing sentence upo
them, the court said You have pleade
guilty to the charge OF having receiye,
stolen goods, knowing them to haye bee
stolen. The amount received by either @
you is not large. There are some thing
TO indicate that you were drawn into thi
crime, in certain measure duped bu
you are men knowing what is right an
what is wrong, and are responsible fo
your acts-a fact that can never be ovel
looked. In view of the circumstanc
shown, and of all the facts presented TO
our consideration, we are induced to loo
with more leniency upon your cases ! you
offenses are certainly nothing like, in enol